Legality of pollution control board

 Legality of pollution control boardThe pursuit of legal proceedings in court by the State Pollution Control Board on confirmation of high contaminants in the laboratory analysis of a single' water sample Section 21 of the Water Act empowers the State Board or an officer to take and analyse water samples from any stream, well, sewage or trade effluent passing from any place into a stream/well. Subsection (2) subjects the admissibility of the analysis if water sample to certain conditions; person taking the sample- Has to notify the person in charge of the lace from where such sample was taken Divide the sample into 2 parts in the presence of the occupier or his agent Place each of the two narts in a contained mark and seal it. The containers should he signed by both parties. send one container to either a laboratory established by Central board in case the place from where the sample was taken is located a UT) or send it to a laboratory recognised by the State Board. 5.3 d Upon the request of the occupier, send the second container to the requisite laboratory as prescribed under S.3 e Subsection (4 lays down the procedure in case the occupier willfully absents himself after receiving a notice from the sample taker. Subsection 5 of S.21 carves out an exception in the event that the occupier/his agent does not request to divide the sample into two parts then the sample has to be laced in the container, marked sealed and signed by the person taking the sample and has to be sent to the prescribed laboratory as under S.3(d). Delhi Bottling Co. Pvt Ltd v. Central Board, post-analysis of the sample, the board discovered that the level of contamination in the submitted effluents was above the prescribed standards. The company challenged the admissibility of the sample before the court and argued that they had requested the sample in the second container to transferred to the lad as per S.213) but their request was not heeded to and therefore, the single sample was inadmissible before the court as per S.21. The court reversed the decision of the district COu rt on grounds that it had not evaluated the facts in depth as the company's agent had made a request for dividing the sample. Theretore, it held the collected sample to be inadmissible as it collected in compliance with S.21. In conclusion: The single water sample can only be admissible in the legal proceeding IF the occupier had refused to divide the water sample into two parts as per S.21 5. Otherwise the sinele water sample would be inadmissible before the court as given under $.21 2). Onlv when the person taking the sample complies with the provisions of subsection 3. 4 and 5 of S.21. will the water sample be admissible.